Lozano v. TSCC 1765 was one of our Top 10 cases for 2020 because it reaffirmed that a higher?negligence?threshold is?not?applicable for s.105 chargebacks.??  Lozano’s insurer (who paid the insurance deductible) appealed the 2020 decision, asking the Divisional Court to re-write s.105 of the Condo Act and adopt a “robust” negligence test for liability under that section. The court rejected this proposal and dismissed the appeal a few days ago.    Read the article…………………………………